The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-01
LAWMAKERS OF INDIANA.
An Augumentative Tilt Among AttOr-
neys Regarding Collection Fees.
The Senators and Representatives Observe the
Bare FormaIity of Voting for United
States Senator-Iegislatiy Notes.

The lawyers monopolized the interest of the
House yesterday afternoon through the Mock
bill and amendments thereto concerning attor
ney fees When suit is brought nowadays on
overdue notes. bills of exchange and foreclosures
Of mortgages one of the important items OF the
complaint is that the plaintiff should be allowed
In addition to interest, ordinary costs OF suit and
principal of the debt, a judgment sufficient to
recompense the lawyer. In notes, and especial
y in mortgages, the condition that the lawyers
8hall be looked after is often expressed. 1t
means that If the debtor meets his obligation at
maturity or at the expiration of any time of es-
pecial grace thereafter, the attorney is to get
nothing. but il sui. ensues then the Judgment Is
to extend far enough to save the creditor from
any loss whatever. by virtually giving his at
torney share of the proceeds of any execution
that may be enforced. The Mock bill and its
amendments provide that any stipulation in the
interest of attorney fees shall be Illegal and void
A large class of lawyers, particularly men
young in practice, thrive on collec-
tions of this kind. Many enter into
suit knowing that their personal interest as
veil as that of their clients rest upon the
forthcoming Judgment Small and honest
iebtors it is presumed. when, through misfort-
nns or accident, they cannot walk straight MP
20 fulfllment of their obligations. suffer by
shis combination of creditor and lawyer. hence
pf late years sentiment has arisen against the
.aw But many of the profession do not want
TO let it 60. When the committee divided in its
report the other day, the majority recommend
ing the indefinite postponement of the bill and
,hs minority favorng its passage, tho latter
was substituted in concurrence Its opponents,
through Representative Major, then hoped to
kill the measure by destroying the enacting
clause, and 1t was this 0at brought about the
discussion yesterday afternoon. 1t enabled the
gentlemen Of the bar to give their experience
In practice, and as to argument the odds were
equal, but the supporters OF the bill gave their
appeals for its passage more or less the flavor of
asking for the applause Of those who would be
especially benefited by its provision. 1t was
stated that if the lender let out money with
the possibility Of being compelled to pay
lawye, to recover it, the impecunious even
those who could supply good collateral or secur-
ity, would find difficulty in procuring accomoda-
tione. The lender would be driven to charge
higher interest to make up the loss be would suf-
fer through litigation. 1t was the opinion OF
those favoring the bill that the people demanded
prohibition OF stipulation Of attorney fees in
Ill notes. commercial paper, mortgages and con-
tracts. Representative Cough said he knew OF
notes being placed in the hands of lawyers SO
that the latter could earn fees by bringing suit
Immediately on the maturity of the evidence of
debt He knew other instances where the law
yer and plaintiff shared the proceeds of the stip-
ulation this feature of contract allowed
Representative Grifiths did not agree with the
gentleman. Such cases were abuse Of the prcs-
ent law, and he thought this bill antaeonistic to
foreign money coming into the State. There was
40 good reason why lender. In case OF the de-
r y IL e.
Representative Jewett considered the present
law as promoter of litigation when
legislation should be directed towards
decreasing the number of cases on court calen-
dars. He extolled his profession as the most
honorable. save that of the minister, but on the
iron-clad notes of to-day there were many law
yers ready to abuse the law. Collections are
made by nine-tenths Of the lawyers who have
no other business. and in many cases they are
related by blood or marriage to national banks
He knew lawyer in, New Albany who had more
collections to make than any other person, and
he turns over all but 81 per cent OF the proceeds
Of suits to a national bank in that city. Repre-
sentative Beasley talked on both sides of the
question, with an anxiety to amend the bill so
that the amount the lawyers are to receive shall
be given in the notes. contracts and mortgages
He wanted this compensation limited to 10 per
cent on all sums under $780, and to per
cent on amounts above that; but he failed to get
the proposition before the House. Representa-
tive Major withdrew his motion, and an effort
was made to force the measure through under a
suspension Of the rules but it got only to en-
grossment.
AS far as the Senate is concerned Fort Wayne
can have the school for feehle-minded children.
The hill to this effect came up for third reading
yesterday, and although an effert was made to
give 1t backset at this progressive stage. the
Allen county people won 1t is bill reported
by the committee under the compromise having
the purpose of the Mcdonald bill that provides
for the retention of the Soldiers Orphans Home
Mt Knghtstown. The Fort Wayne measure was
of the Mcdonald bill led to the appointment OF
special committee, Messrs- Mcdonald. Logs
don and Huston, to go to Knightstown and in
vestigate the title to the real estate on which il
Is proposed to maintain the home. This bill
was made the special order for Thursday.
Formal Ballot
The formality of the joint convention yester
dau radncad 10 the allest limit and IL th,